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(영문) 창원지방법원 마산지원 2016.04.12 2016고단44

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 28, 2015, the Defendant, at the Changwon-si Welfare Center established in Changwon-dong, 420-110, the members of the Changwon-si, Changwon-si, Changwon-si, the Defendant was divingd from the street in the street prior to the previous year after receiving a report and transferred it to the above Welfare Center, accompanied by the police box B box belonging to the police box of the Msan-dong Police Station B, which was called out.

During that process, the Defendant expressed that “I am under the influence of alcohol by putting C in the Daegu Water Police Station,” “I am under the influence of alcohol, I am under the influence of “I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of C am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of I am under the influence of C at once.

Accordingly, the defendant interfered with legitimate execution of duties concerning crime prevention and suppression of C who is a police official.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to one year and four months [the scope of the recommended punishment]; the basic area (up to six months and one year and four months) (up to one year and four months) of the basic area (up to one year and four months); and

2. Determination of sentence: The sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

Unfavorable circumstances: The defendant committed the crime of this case even though he had the record of being punished as a like crime.

The favorable circumstances: Recognizing and opposing the facts charged in this case.

There are two times the records of punishment by fine, but there is no other less punishment than punishment by suspension of execution.